| 摘要: | 司法改革理念應該是以人民及早獲得迅速與公正審判結果為先；全國司法改革會議未能為人民利益著想，改革在執行時，卻是一意孤行先從組織、訴訟制度的改造同時進行，完全忽略改革過程中之審判文化改變，及全體司法同仁受到現實衝突的影響。
幾十年來，法庭筆錄製作不確實，導因我國書記官為輔助型、秘書型為主，雖然書記官在所有公務員中，較為特別行業，從而書記官特質與其他行業不同；如職權具有司法性、職責具有獨立性、業務具有技術性、職位具有穩定性、素質上具有特殊性，故其職業特定性具有專業屬性。環顧我國對於法院書記官制度很少著墨研究，對於書記官權利義務、專業培訓與成立速記員制度並無完備設置，反觀彼岸中國大陸對於書記(員)官的權利義務、專業培訓等並加入速記員制度進行完整分析，相較我國對於書記官權利、義務專業的培訓方面之文官制度較為薄弱。尤其製作筆錄打字輸入方面並無刻意培訓，因此在刑事訴訟制度引進美國交互詰問制度實施，因臺灣的書記官為輔助型態樣，聽命法官與檢察官逐字記載的簡要摘錄，造成法院在各項證據能力採證失真，導致錯誤判決，攸關百姓於生命財產權益也。另因對於書記官庭審紀錄之打字速度輸入快慢，造成書記官與法官、檢察官（司法官）互動關係不佳，屢屢產生職場霸凌，增加書記官壓力，無法抒解困擾。
書記官角色重要定位，以法為準，以人為本，以德為先的工作理念；因為書記官角色為輔助型，故須不斷提高業務效能，切實履行工作職責、提高為人民服務的水平和質量，尤其在記錄書記官的角色為專業性、法律性工作，如立案受理、法律文書送達、庭前準備與參與案前協調、通知傳喚及庭審紀錄等工作項目。
因為法院是維護公平與正義的最後一道防線，故法院書記官的形象十分重要，堅持作到慎德慎感、慎始慎終，一點一滴磨練意志，一點一滴砥礪品性，依據法院組織法、司法人事條例、公務員服務法、公務人員培訓保障法等法規，所以需有【不願為】自律機制、【不敢為】懲戒機制、【不能為】防範機制及【不必為】之保障機制要求，認真作好廉潔自律工作，默默地向宋魚水、金桂蘭式等先進典型學習，維護法院司法公平正義形象也。
The system of Chinese registrars, which is stipulated in the Organic Law of the Court, the Criminal Procedure Law, the Civil Procedure Law and the Administrative Law, is a business that assists the judicial officers in hearing the disputes and judges the right and wrong. Therefore, it is an important and indispensable member in the court. The execution of the trial business has a place.Only the articles on the clerk system have little ink. If there is only discussion about the pressure of the registrar and the direction of leaving the company, there is no basis for the establishment of the clerk system, business situation, duties, obligations and rights, and conditions of appointment. , grade, promotion, workplace (ecology) Such as strikes, professional ethics, the causes of corruption, etc. and additional case studies, and how to improve and suggest
The concept of judicial reform should be based on the fact that the people get the results of prompt and fair trials at an early stage; only the Judicial Reform Conference does not consider the interests of the people. When the reforms are implemented, they are bent on changing from the organization of the courts. Acting as a name hinders the promotion system; or rushing to reform the litigation system and promoting the interactive interrogation system, completely ignoring the change of the trial culture in the reform process, and all judicial colleagues are affected by the erosion of 3C products, and the problem of the evolution of the workplace is overwhelming, causing the secretary The official body and mind are traumatized The transcripts of the courts have been inaccurate for decades, and the reason is that the clerk of our country is mainly auxiliary and secretarial. Although the clerk is a special industry among all civil servants, the clerk's trait is different from other industries; if the authority is judicial, Responsibilities are independent, the business is technical, the position is stable, and the quality is special. Therefore, the occupational specificity has professional attributes. Looking around our country, there is very little research on the court clerk system. There is no complete set up for the clerk's rights and obligations, professional training and the establishment of the stenographer system. On the other hand, the rights and obligations of the mainland China's secretaries, professional training and shorthands are added. A complete analysis of the staffing system, especially for the training of the clerk’s professional business If there is no deliberate training in the production of transcripts, the introduction of the US interactive questioning system in the criminal litigation system, Taiwan’s record clerk is an auxiliary form, and the brief excerpts recorded by the judge and the prosecutor are written verbatim, causing the court to judge Losing all kinds of evidence and proving the distortion of the evidence, leading to wrong judgments, and the people’s rights and interests in life and property. In addition, because of the speed of typing in the registrar's court record, the interaction between the clerk and the judge and the prosecutor (judicial officer) is not good, and the workplace bullying is repeated, which increases the pressure on the registrar and cannot relieve the trouble.
The role of the clerk is important, the law is the standard, the people-oriented, the morality first work philosophy; because the clerk's role is auxiliary, it is necessary to continuously improve business performance, earnestly perform job duties, and improve the level and quality of service to the people. In particular, the role of the registrar is recorded as professional and legal work, such as the acceptance of the case, the delivery of legal documents, the preparation of the pre-trial and participation in the case, the notification of the summons and the court record.
Because the court is the last line of defense to maintain fairness and justice, the image of the court clerk is very important, insisting on cautious and cautious, cautious and cautious, and tempering the will bit by bit, bit by bit, According to the law of the court, the Judicial Personnel Regulations, the Civil Service Law, etc., there is a need for a self-discipline mechanism, a disciplinary mechanism that does not dare to act, a preventive mechanism that cannot be used, and a guarantee mechanism that does not have to be Seriously do a good job of honesty and self-discipline, and silently learn from the advanced models such as Song Yushui and Jin Guilan, and maintain the image of justice and justice of the court. |
